ISLAMABAD: The Supreme Court on Thursday suspended a Peshawar High Court decision that directed the issuance of Pakistan Origin Cards (POCs) and citizenship to Afghan men married to Pakistani women.
A three-member bench headed by Justice Shahid Waheed heard the case, with Additional Attorney General Rana Asadullah appearing on behalf of the federal government.
During the hearing, Rana Asadullah informed the court that the federal government had already filed an appeal against the December 1, 2023 Peshawar High Court judgment, which ordered that an Afghan national married to a Pakistani woman be issued a POC card.
“The government has no objection to issuing POC cards,” the Additional Attorney General said, adding, “However, the High Court went a step further and also directed that Afghan men married to Pakistani women be granted Pakistani citizenship — which is beyond the legal framework.”
Justice Musarrat Hilali, a member of the bench, inquired on what legal grounds citizenship could be granted and how many applicants were involved.
“There are a total of 117 applicants,” replied the Additional Attorney General.
“These are only the ones who have come forward,” Justice Hilali remarked, emphasizing the broader implications of the case.
Counsel for the National Database and Registration Authority (NADRA) informed the court that Afghan nationals married to Pakistani citizens are also required to hold a valid visa under existing laws.
Justice Hilali responded sharply, saying, “We must determine whether someone entered through the door or climbed over the wall.”
The Additional Attorney General further informed the bench that several contempt petitions had been filed based on the Peshawar High Court’s ruling.
After hearing the arguments, the Supreme Court suspended the Peshawar High Court judgment and issued notices to all parties, adjourning further proceedings until the next hearing date.